Regular Meeting Annotated Agenda
May 5
, 2009

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ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, May 5, 2009
7:00 p.m.
Council Chambers, 2134 Martin Luther King Jr. Way

Tom Bates, Mayor
Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

Preliminary Matters

Roll Call:  7:02 p.m.  All present.

Ceremonial Matters:
1.       Robert Cole
2.
       May is Foster Care Month

City Manager Comments: Malcolm X School closed for precautionary measures due to H1N1 flu – school will reopen on May 6, 2009.

Public Comment on Non-Agenda Matters: 5

Public Comment on Consent Calendar and Information Items Only: 2

Consent Calendar

Action: M/S/C (Moore/Worthington) to adopt Consent Calendar in one motion except as indicated:

1. Amendment: FY 2009 Annual Appropriations Ordinance (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,077–N.S. amending the FY 2009 Annual Appropriations Ordinance No. 7,069–N.S. for fiscal year 2009 based upon recommended re-appropriation of committed FY 2008 funding and other adjustments authorized since July 1, 2008, in the amount of $10,128,635 (gross) and $5,067,903 (net) and authorize a loan from the General Fund to the Fire & Emergency Services Fund (Measure GG) to cover expenditures from January 1, 2009 to June 30, 2009.
Financial Implications: None
First Reading Vote: All ayes
Contact: Tracy Vesely, Budget Manager, 981-7000
Action:  Adopted second reading of Ordinance No. 7,077–N.S. as amended to read as follows: Transfer from Worker’s Compensation Fund to Payroll Deduction Trust Fund – 570,009.

2. Adoption of the Alameda County Ambulance Ordinance (PDF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,078 adding B.M.C. Chapter 12.54 authorizing enforcement in Berkeley of Chapter 6.114 of the Alameda County Ordinance Code.
Financial Implications: None
First Reading Vote: All ayes
Contact: Debra Pryor, Fire, 981-3473
Action:  Adopted second reading of Ordinance No. 7,078–N.S.

3. Lease Agreement: Police Department Substation, 841 Folger Street/3000 Seventh Street (PDF) 
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,079–N.S. authorizing the City Manager to execute a five year lease agreement and any amendments with Sasha Shamszad for real property located at 841 Folger Street/ 3000 Seventh Street for the purpose of leasing office and parking space to the Berkeley Police Department Traffic and Parking Enforcement Units for the five-years from approximately July 1, 2009 to June 30, 2014 with an option to extend for an additional five-year period.
Financial Implications: See report
First Reading Vote: All ayes
Contact: Douglas N. Hambleton, Police, 981-5900
Action:  Adopted second reading of Ordinance No. 7,079–N.S.

4. Appointment of City Clerk (PDF)
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Deanna Despain as City Clerk to be effective May 17, 2009.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7000
Action:  Adopted Resolution No. 64,425–N.S.

5. Amendment to BMC Chapter 1.26 to Clarify that the City May Seek an Injunction for Violations of Local Law and Amendment to BMC Chapter 1.28 to Make Explicit the City's Inability to Seek Review of the Hearing Officer's Administrative Citation Decisions (PDF)
From: City Manager
Recommendation: Adopt a first reading of Ordinances amending Sections 1.26.010 and 1.26.020, and 1.28.130 of the Berkeley Municipal Code (BMC) in order to clarify these provisions.
Financial Implications: None
Contact: Zach Cowan, City Attorney's Office, 981-6950
Action:  Adopted first reading of Ordinance No. 7,080–N.S.  Second reading scheduled for May 19, 2009 and Ordinance No.7,081–N.S.  Second reading scheduled for May 19, 2009.

6. Minutes for Approval (PDF)
From: City Manager
Recommendation: Approve the minutes for the Council meetings of April 20, 2009 (special closed), and April 21, 2009 (special worksession and regular)
Financial Implications: None
Contact: Deanna Despain, City Clerk Department, 981-6900
Action:  Approved minutes as submitted.

7. B.M.C. Section 3.12.060, 6.14 020 and 6.14.050 Amendments: Clarification for City Art Galleries (PDF) 
From: City Manager
Recommendation: Adopt an Ordinance amending sections 3.12.060, 6.14 020 and 6.14.050 of the Berkeley Municipal Code, to formally authorize creation of the Public Art Committee of the Civic Arts Commission and permit curation of the Addison Street Windows Gallery by a curator overseen by the Public Art Committee and the Civic Arts Commission.
Financial Implications: None
Contact: Michael Caplan, Economic Development, 981-7530
Action:  Adopted first reading of Ordinance No. 7,082–N.S.  Second reading scheduled for May 19, 2009.

8. Loan Amendment: Berkeley Society for the Preservation of Traditional Music/ Freight and Salvage (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to
  1. Amend the existing loan agreement with the Berkeley Society for the Preservation of Traditional Music to increase the loan amount by up to $400,000 to be used as bridge financing to complete the construction for the Society’s new venue at 2020-2026 Addison Street and
  2. Authorize an appropriation from the General Fund in an amount equivalent to the increased loan amount.  In all other respects, the loan agreement dated April 18, 2000, as amended July 16, 2002, December 17, 2003, and April 8, 2008 shall remain in full force and effect.

Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530
Action:  1)  Adopted Resolution No. 64,426–N.S. and 2)  Approved recommendation.

9. Contract No. 7102B Amendment: Laboratory Services (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with UNILAB-QUEST Diagnostics Laboratory to increase the amount by $250,000 for a total not to exceed $533,363; and to extend the contract period to August 15, 2009.
Financial Implications: See report
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:  Adopted Resolution No. 64,427–N.S.

10. Classification: Revenue Development Specialist (PDF)
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 64,174-N.S. Classification and Salary Resolution for Service Employees International Union Local 1021 Community Services and Part-Time Recreation Leaders Association, to establish the Revenue Development Specialist classification with a monthly salary range of $6,208 - $7,372 to be effective May 17, 2009.
Financial Implications:  General Fund - $15,000 in FY 2010
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,428–N.S.

11. Classification: Human Resources Technician (PDF)
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 64,175-N.S., Classification and Salary Resolution for Unrepresented Employees, to revise the classification of Human Resources Technician and increase the salary range to $4,850 - $5,954, and to abolish the Assistant Human Resources classification, effective May 17, 2009.
Financial Implications: General Fund - $13,046 in FY 2010
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Adopted Resolution No. 64,429–N.S.

12. Contract: Kitchell CEM: Project Management And Construction Administration Services - Berkeley Public Library (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Kitchell CEM (Capital Expenditure Managers) to provide project management and construction administration services for the Measure FF – Branch Library Improvement Project in an amount not to exceed $996,900 for all services and reimbursable expenses for the period from May 9, 2009 through December 31, 2012.
Financial Implications: See report
Contact: Donna Corbeil, Library, 981-6100
Action:  Adopted Resolution No. 64,430–N.S.

13. Contract: Memorandum of Understanding Between the City of Berkeley and the City and County of San Francisco Department of Emergency Management for the Distribution of FY 2007 UASI Regional Funds (PDF) 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a memorandum of understanding with the City and County of San Francisco Department of Emergency Management for the receipt of FY 2007 UASI Regional Funds in an amount not to exceed $38,566 for vehicle refurbishment and to purchase one portable x-ray system.
Financial Implications: See report
Contact: Douglas N. Hambleton, Police, 981-5900
Action:  Adopted Resolution No. 64,431–N.S.

14. Purchase Order No. 72853: Toter Incorporated for Refuse and Recycling Roll-Out Carts (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a change order to Purchase Order No. 72853 with Toter Incorporated for refuse and recycling rollout carts, increasing the total from $145,044 to $182,717 for FY 2009.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,432–N.S.

15. Contract: Team Ghilotti, Inc. for Berkeley Marina Dock A-B Replacement Project (PDF)
From: City Manager
Recommendation: Adopt a Resolution:

  1. Approving plans and specifications for the Berkeley Marina Dock A-B Replacement Project, 09-10392-C
  2. Accepting the bid of Team Ghilotti, Inc.
  3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $3,900,000 for a period of 240 calendar days from the date of the execution of the contract.

Financial Implications: Department of Boating and Waterways Loan Fund – $3.9 Million
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,433–N.S.

16. Agreement: Alameda County Congestion Management Agency - I-80/Gilman Street Interchange Project (Continued from April 21, 2009) (PDF)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to:
  1. Execute an agreement with Alameda County Congestion Management Agency (CMA) to lead the project development phase for the I-80/Gilman Interchange improvements;
  2. Transfer the $1.2 million federal earmark and $300,000 local match from the City of Berkeley to the CMA to be used towards completion of the development phase of this project.

Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Adopted Resolution No. 64,434–N.S.

17. Appointment to Mental Health Commission (PDF)
From: Mental Health Commission
Recommendation: Approve the appointment of Geraldine Craig to the Mental Health Commission, as a representative of the Special Public Interest Category, for a three-year term beginning May 6, 2009 and ending May 5, 2012.
Financial Implications: None
Contact: Carol Patterson, Commission Secretary, 981-5100
Action:  Approved recommendation.

17.1 Emergency Actions Related to H1N1 Influenza (PDF)
From: City Manager
Recommendation: Adopt a Resolution ratifying the proclamation of emergency by the director of Emergency Services related to the H1N1 flu as set forth in the attached Resolution; and specifically that during the existence of this local emergency the powers, functions and duties of the emergency organization of this City shall be those prescribed by state law, and the charter, ordinances, resolutions and approved plans of the City of Berkeley.
Financial Implications: None
Contact: Christine Daniel, Deputy City Manager, 981-7000
Action:  Adopted Resolution No. 64,435–N.S.

Council Consent Items

18. City Opposition of Proposition 1D, "Children and Families Trust Fund Act" (PDF)
From: Councilmember Maio
Recommendation: Oppose Proposition 1D, “Children and Families Trust Fund Act.” California Proposition 1D will be on a special statewide election ballot on May 19, 2009.  Councilmember Maio is opposing proposition 1D and is requesting that the City go on record in opposition.
Financial Implications: None
Contact: Linda Maio, Councilmember, District 1, 981-7110
Action:  Approved recommendation.

19. Co-Sponsorship of the 22nd Annual Berkeley Juneteenth Festival (Continued from April 21, 2009) (PDF) 
From: Councilmembers Anderson, Moore, Worthington and Arreguin
Recommendation: Approve co-sponsorship of the 22nd Annual Berkeley Juneteenth Festival to be held on Saturday, June 13, 2009.
Financial Implications: General Fund - $4,050
Contact: Max Anderson, Councilmember, District 3, 981-7130
Action:  Continued to May 19, 2009.

20. Grant: Support of the Berkeley Public Education Foundation (PDF)
From: Councilmember Wengraf
Recommendation: Adopt a Resolution adopting authorizing the Mayor and Council to transfer funds in an amount not to exceed $75 per Councilmember from their office budget accounts to the City to be used for a grant to the Berkeley Public Education Foundation to support its Spring Luncheon. Direct the City Manager to transfer those funds to the Berkeley Public Education Foundation by May 11th.
Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, 981-7160
Action:  Adopted Resolution No. 64,436–N.S.

21. Support SB 810 California Universal Health Care Act of 2009 (PDF)
From: Councilmembers Worthington, Anderson and Maio
Recommendation: Support California Senate Bill 810 California Universal Health Care Act of 2009, which would provide every Californian medical, dental, vision, hospitalization and prescription drug benefits.
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170
Action:  Approved recommendation.

22. Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds To The Berkeley Student Cooperative (PDF)
From: Councilmember Wozniak
Recommendation: Adopt a Resolution to approve the expenditure of $4,000 to the Berkeley Student Cooperative (BSC) with funds relinquished to the City’s general fund for this purpose from Councilmember Wozniak’s discretionary Council Office Budget.
Financial Implications: Budget discretionary account - $4,000
Contact: Gordon Wozniak, Councilmember, District 8, 981-7180
Action:  Adopted Resolution No. 64,437–N.S.

Action Calendar – Old Business (1)

23. Climate Action Plan (Continued from April 21, 2009) (Presentation PDF)
Supplemental Report (PDF)

a. From: City Manager (PDF)
Recommendation:
Adopt a Resolution approving the April 2009 draft of the Berkeley Climate Action Plan as the "preferred project" for the purpose of environmental review.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: M/S/C (Maio/Capitelli) to adopt Resolution No.64,438 –N.S. Climate Action Plan amended to read as follows:

Amendment #1: Introduction (Ch.1), p. 13

Setting interim targets is essential in order to gauge community progress on the road to 80 percent by 2050.  In fact, 10 - 15 years is about the longest timeframe over which defensible assumptions can be made about the impact on future emissions of things like technological change; future growth in population and housing; and future local, state, and federal legislation. 

This plan focuses on actions our community can and should implement between now and 2020, but in the context of promoting the types of innovative approaches that will be necessary to achieve the ultimate 2050 target.

The 2020 target is to achieve a 33 percent absolute reduction below 2000 community-wide emissions levels, which equates to about a two percent reduction per year in total community-wide emissions.  This interim target is based on the 2050 target established by Measure G.  It was determined from a linear extrapolation from year 2000 emissions levels to the targeted 80 percent below 2000 levels by 2050.  Though the Measure G targets are aggressive and were established based on scientific understanding of the scale of reductions needed to achieve climate stabilization, scientific knowledge of safe thresholds of GHG emissions in the atmosphere has advanced considerably since that time and will continue to advance into the future.  Leading scientists now agree that achieving climate stabilization may actually require reducing global GHG emissions by 25 – 40 percent below 1990 levels by 2020, or more.  As it works to implement the policies in this Climate Action Plan, the City should also consider revising and continually updating the community-wide GHG reduction target based on the latest scientific understanding.

To accurately estimate the actual reduction in tons needed to achieve the City’s current 2020 target, it is necessary to estimate a forecast of how the community’s future emissions may change in a “business-as-usual” scenario. 

Amendment #2: Chapter 3, p. 25

Conduct a “land use scenario study” in order to help visualize, quantify, and compare the impacts on VMT (and the associated GHG and local air pollutant emissions) of various land use scenarios.  The study should also consider the impacts of various land use scenarios on solar access, views, and usable open space.  The study should focus its analysis on corridors within Berkeley that are best served by public transit and/or have the potential to be transit-served corridors in the future.  The study should also help to identify and prioritize additional opportunities to create/expand green space within the city.     

Amendment #3: Chapter 3, p. 24

Partner with UC Berkeley to assess and address unmet housing demand of UC employees and students.  UC Berkeley is the largest employer in the City of Berkeley and therefore has a substantial impact on community VMT.  The high cost and high demand for housing means that many UC employees and faculty are unable to live in Berkeley.  UC could do more to address those housing needs.  Some institutions directly address this issue by either developing housing themselves, subsidizing others to do so, or through direct housing assistance to employees.    

Amendment #4: Chapter 3, p. 26

Consider the feasibility of establishing policies that would discourage the removal of usable open space in private lots unless such open space would be provided elsewhere on site or the property owner agrees to pay an “Open Space Fee” or similar mechanism which would be used to fund the maintenance of existing or the creation of new public open space.

Amendment #5: Chapter 3, p. 29

Through the City’s website and publications, make information available to the public to facilitate consideration of a less carbon-intensive diet, such as eating less meat and choosing vegetarian or vegan options instead. 

Amendment #6: Chapter 3, p. 29

Work with East Bay Municipal Utility District to consider a program that would provide reduced water rates for community gardens as an incentive for residents to utilize community garden space to grow their own food.

Amendment #7: Chapter 3, p. 30

Encourage UC Berkeley, the City’s largest employer, to reduce its plans to build new parking spaces and to also revise its parking policies and programs to better encourage, support, and invest in alternatives to driving.

Amendment #8: Chapter 3, p. 31

Encourage UC Berkeley to implement a “Transportation Services Fee on new off-campus projects to mitigate the transportation impacts associated with new development.  Fee revenue would go towards funding alternative transportation programs.

Amendment #9: Chapter 3, p. 35

Integrate bus routes into broader alternative transportation system, identify gaps in bus service routes and potential scenarios for addressing such gaps, and improve frequency and reliability of bus service where required.  This action would include working with AC Transit to evaluate short-term strategies to reduce “bus-bunching,” which can discourage transit ridership.

Amendment #10: Chapter 3, p. 37

Encourage UC Berkeley to require that transportation alternatives be provided for employees for new on- and off-campus building projects.

Amendment #11: Chapter 3, p. 37

Consider establishing Easy Pass programs for employees of businesses in specific transportation corridors, such as the San Pablo Ave. corridor and the corridor that starts from Downtown and runs along Telegraph Ave. to Oakland and San Leandro.

Amendment #12: Chapter 3, p. 41

Policy: Create incentives for high-efficiency vehicles, including electric vehicles and plug-in hybrids in the community.

Implementing Actions:

Evaluate opportunities to reduce parking rates in City-owned garages for vehicles that achieve a certain high threshold of fuel-efficiency.

Amendment #13: Chapter 4, p. 45

As is described in more detail below, developing and implementing actions to achieve these goals entails continuous improvement in building energy use services offered to the community.  

This means that minimum standards for energy efficiency in the residential and commercial sectors should continuously be ratcheted up and become more effective at saving energy and money over time.  This plan provides recommendations for improving minimum energy standards in new and existing buildings.  The plan does not create mandates or requirements.  Any recommended requirements in the plan must be approved by the City Council after a thorough review by commissions and community members.    

Likewise, voluntary energy service programs offered in the community should be continuously expanded and integrated to become more effective and cutting edge over time.  

Successfully implementing these actions also requires sustained collaboration across all sectors, including homeowners; tenants and landlords; business owners; real estate professionals; builders, architects, engineers, and contractors; city staff persons and elected officials; students, educators and school administrators; and others.  Such collaboration has the potential to result not only in reduced GHG emissions, but also in an improved Berkeley building stock, reduced energy costs, and increased demand for “green jobs” in the building and energy service industries. 

Amendment #14: Chapter 4, p. 48

Establish and continually ratchet up minimum energy standards for residential and nonresidential buildings that exceed the current Title 24 energy code for various building types specific to Berkeley’s climate zone.  An example of a minimum standard for a specific building type would be a requirement that all new multifamily buildings meet federal ENERGY STAR standards for new construction.  ENERGY STAR standards exceed Title 24.

Amendment #15: Chapter 4, p. 50 - 51

Policy: Establish a standard for home energy audits and energy improvements that provides thorough guidance on achieving deep, sustained energy savings in existing residential buildings

Most existing residential buildings in Berkeley can be improved to use substantially less energy.  Nevertheless, given the diversity of the building stock, the appropriate combination of integrated energy improvements is often specific to a building.  By establishing a standard for energy audits and upgrades, the City will help to ensure that energy improvements are done in the most comprehensive and cost-effective manner.

The City can achieve compliance to local energy standards throughout the residential sector in different ways.  One is to identify incentives and rebates for early compliance. Compliance could be one basis for eligibility for various energy-related incentives and financing provided by the City government.  Another approach is to require improvements to a building's energy performance when a building undergoes a major renovation, is sold, or is converted to condominiums.  These events are also a good opportunity to conduct targeted outreach and education to residents.  Finally, the City could establish a goal to have all residential buildings achieve local energy standards by a certain date.

The City has an existing standard, the Residential Energy Conservation Ordinance (RECO), which was adopted in 1980.  RECO requires that every home or apartment building sold or transferred in Berkeley or undergoing renovations with a total value of $50,000 or more must meet a prescriptive list of energy and water efficiency requirements for a range of building systems and features, including: toilets, showerheads, water heaters, attic insulation, exterior door weather stripping and common area lighting (for multi-unit buildings).

RECO has served Berkeley well and has been copied and implemented by other U.S. cities.  As a vehicle for energy and water efficiency improvements it has a far reach because it is mandatory and is applied whenever a home or apartment building is being sold or renovated.   

That being said, it is important to note that the impact of RECO is limited to the time of sale and major renovations.  Also, because it is a minimum standard that will apply to all residential buildings, RECO does not require consideration of more comprehensive and expensive measures that might be pursued on a voluntary basis given the proper information and support infrastructure.

The average energy savings associated with RECO measures currently ranges from an estimated 10 - 20 percent per building. 

Implementing Actions:

·     In collaboration with energy service providers, community stakeholders and local governments in the region, develop and phase in a local energy standard for existing residential buildings that is designed to facilitate deep, cost-effective reductions in energy use.  The standard will ensure that existing residential buildings in Berkeley achieve aggressive, measurable energy efficiency improvements.

·     Phase in energy standards for existing residential buildings by requiring compliance in order to take advantage of certain incentives and financing and by triggering a compliance requirement at certain events such as major renovations, point of sale, and condo conversions.  The City should benchmark, track, and report on implementation progress at regular intervals.

Amendment #16: Chapter 4, p. 51

Consider requiring that a “cool roof” be installed anytime the roof of a single-family home or multi-family building is being built or re-roofed.  A cool roof reflects solar radiation rather than absorbing it.  Most roofs are have a typical solar reflectance of 10 – 20 percent.  Using reflective materials can increase reflectance to 70 – 80 percent, which has GHG reduction and heat-island mitigation benefits.  For a building with 1,000 square feet of roof area, researchers estimate an offset of 10 MTCO2e.

Amendment #17: Chapter 4, p. 55

Work with the Rent Board to explore ways in which the cost of high quality energy and water efficiency measures can be paid for by both property owners and tenants.  Such an analysis would consider the impacts that rent increases would have on tenants.

Amendment #18: Chapter 4, p. 57

As with residential buildings, the City can achieve compliance to local energy standards throughout the commercial sector in a few different ways.  One, identify incentives and rebates for early compliance. Two, compliance can form the basis of a given building owner’s eligibility for various energy-related incentives and financing provided by the City government.  Three, requirements for improving building energy performance can be triggered during certain events, such as building renovation or point of sale or lease.  These events are also a good opportunity to conduct targeted outreach and education to building managers and owners.  Finally, the City could set a goal to have all nonresidential buildings achieve the local energy standards by a certain date.

Implementing Actions:

·     In collaboration with energy service providers, community stakeholders and local governments in the region, develop and phase in a local energy standard for existing nonresidential buildings that is designed to facilitate deep, cost-effective reductions in energy use.  The standard will ensure that existing nonresidential buildings in Berkeley achieve aggressive, measurable energy efficiency improvements.

·     Phase in energy standards for existing nonresidential buildings by requiring compliance in order to take advantage of certain incentives and financing and by triggering a compliance requirement at certain events such as major renovations and point of sale or lease.

Amendment #19: Chapter 4, p. 57

Consider requiring that a “cool roof” be installed anytime the roof of a building is being built of re-roofed.  A cool roof reflects solar radiation rather than absorbing it.  Most roofs have a typical solar reflectance of 10 – 20 percent.  Using reflective materials can increase reflectance to 70 – 80 percent, which has GHG reduction and heat-island mitigation benefits.  For a building with 1,000 square feet of roof area, researchers estimate an offset of 10 MTCO2e.

Amendment #20: Chapter 5, p. 76

Policy: Rebuild the Berkeley Transfer Station and material recovery facility into a state-of-the-art Zero Waste facility in order to increase local capacity to recover a high percentage recyclable materials

Amendment #21: Chapter 5, p. 77

Conduct a feasibility study that results in recommendations regarding the design of a rebuilt Transfer Station and material recovery facility as well as recommendations regarding what types of waste-processing equipment and material recovery systems to incorporate.  The new facility should meet nationally recognized green standards.

Amendment #22: Chapter 6, p. 84

Consider developing a vegetation and fuel management plan for areas within the City that are designated as high fire hazard areas.  A fuel hazard reduction plan would reduce the risk of catastrophic wildfires, thereby protecting homes, wildlife and air quality as well as mitigating the impact on GHG emissions of the loss of trees due to wildfire.

Amendment #23: Chapter 7, p. 87

Educate Berkeley residents and employees about the significant environmental impact of air travel and about potential travel-mode alternatives.  Per passenger mile, air travel is the most carbon-intensive form of travel.  The City can incorporate information about the impacts of air travel and alternatives into print and web-based outreach materials.

Amendment #24: Chapter 8, p. 93

Because of the difficulty associated with modeling potential emissions reductions with precision, it is especially important to monitor and report actual reductions over time, as well as other indicators, as part of the implementation process.  A number of tools and practices exist that can enable the City and its community partners to track and report progress toward achieving the goals outlined in this plan.  Steps the City and its partners will take to ensure transparent, sustained evaluation and continuous improvement of GHG reduction strategies include:

Provide annual reports to City Council in order to receive guidance on implementation priorities and resource allocation and to report progress made on specific indicators and metrics to be used for tracking the implementation of actions in the plan, including:

  • Estimated GHG reductions
  • Implementation costs
  • Costs savings and payback for given strategies
  • Other co-benefits of implementation
  • Ongoing barriers to implementation

Conduct a comprehensive review and update of the Climate Action Plan by 2015, including:

  • Revise community-wide GHG reduction targets based on up-to-date scientific understanding of the scale of emissions reductions needed to achieve climate stabilization
  • Review and, where necessary, update and supplement each goal, policy and implementing action in the plan based on the necessity to achieve revised GHG reduction targets

Launch and maintain a web-based portal that enables the City to effectively and transparently communicate the goals outlined in the Climate Action Plan and progress toward achieving those goals

Track community-wide aggregate emissions by conducting greenhouse gas emissions inventories at least every other year

Amendment #25 (Chapter 4, pages 52 and 57)

Evaluate the seismic exemption in the Transfer Tax to include a “green” exemption for major energy efficiency and solar improvements.

Amendment #26 (This is a plan wide formatting change that will apply throughout the document for easier reference to the various actions)

Add numbers in front of each of the implementation strategies to facilitate Plan discussion.

Amendment #27 (Chapter 4, pages 52 and 57)

Consideration of when it would be more effective to funnel ratepayer funds through the City or other organizations, rather than through the utility company.  In the funding source section it repeatedly lists PG&E as the source of the funds. It would be more accurate to list the ratepayers as the source of the funds

Amendment #28  (Chapter 3, Page 42)

Consider phasing out Free Parking for City Council members.

Amendment #29 (Chapter 4, page 65)

Actively seek to speed up the Solarizing of City buildings in a cost-effective fashion.

Amendment #30 (Chapter 4, page 67)

Consideration of adoption of a Local Hire Ordinance, giving preference for Local Hires.

Amendment #31 (Chapter 3, page 28)

Consideration to encourage and expand the Buy Local Ordinance, giving preference points to Local Businesses.

Amendment #32 (Chapter 5, page 74)

Subject to review by the Public Health Department, add a policy to the Waste Reduction and Recycling chapter that would read: Expand the number of recycling bins in the public right of way and explore the feasibility of implementing composting in recycling in the public right of way.

Amendment #33 (Chapter 3, page 26)

Add a new policy which would read: Explore the development of a Tree Preservation Ordinance which would establish stronger standards for the preservation and replacement of trees in the public right of way.

Amendment #34  (Chapter 3, page 15)

Add the following language "Green growth, with an emphasis on affordability and workforce housing"

Amendment #35 (Chapter 3, Page 32)

Replace the following language, “replace stop signs with yield signs at traffic circles on bicycle boulevards” and replace with the following, “Examine ways to improve smooth flow on bicycle boulevards consistent with public safety issues.

Amendment #36 (Chapter 2, page 13 and Chapter 8, page 93)

Add the following language, “Staff to return on an annual basis with progess to date and projected goals.”

Amendment #37 (Chapter 5, page 76)

Add the following language, “Explore the possibility of partnering with East Bay Municipal Utility to consider the feasibility of diverting residential food scraps to anaerobic digestion. An anaerobic digester breaks down biodegradable waste (in the absence of oxygen) and captures the resulting methane and carbon dioxide. The captured gases can be used as a renewable source of energy for vehicles or be converted into electricity, among other uses, and the material residue can be used for compost. 

Action: Division of question for the following language (from page 25 of the Climate Action Plan) from the vote on adopting the Plan as the approved project for purposes of environmental review:

Adjust zoning to allow for greater residential density and specified commercial uses along certain transit corridors and in proximity to the Downtown Berkeley, Ashby and North Berkeley BART stations.

Reduce the minimum lot size for construction of an accessory dwelling unit within a ¼ mile of selected transit lines in order to encourage more construction of these units.

Remove some of the restrictions on Accessory Dwelling Units near certain transit nodes. These might include reduced parking requirements, increased size limits, or increased allowed densities.

Main Motion Vote: All Ayes

Division of Question Vote: Ayes: Maio, Moore, Anderson, Capitelli, Worthington, Wozniak, Bates.  Abstain: Arreguin, Wengraf

Additional Climate Action Plan Reports

b. Energy Commission Information Report (PDF)
c. From Councilmember Maio (PDF)
d. From Councilmember Worthington (PDF)
e. From Councilmember Arreguin (PDF)
f. From Councilmember Wozniak (PDF)
g. From Councilmember Wengraf (PDF) 

Action Calendar - Appeals 

24. ZAB Appeal: 1200 Ashby Avenue (PDF)

Administrative Record part 1 (PDF)

Administrative Record part 2 (PDF)

Administrative Record part 3 (PDF)

From: City Manager
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 07-10000133 to construct a five-story mixed-use building.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
Action: M/S/C (Moore/Capitelli) to adopt Resolution No. 64,439–N.S. affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use Permit No. 07-10000133 to construct a five-story mixed-use building.
Vote: Ayes Maio,.Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates.  Noes: Arreguin. Abstain: Worthington

  • b.Communications

1.  CityCentric Investments

25. Extend Residential Permit Parking Program on Various Streets (PDF)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution amending Sections 25E, and 25N of Resolution No. 56,508-N.S. by adding subsections to extend Residential Preferential Permit Parking on various streets.
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Public Testimony: The Mayor opened the public hearing. 0 speakers.  M/S/C (Maio/Capitelli) to close the public hearing.
Action: M/S/C (Maio/Arreguin) to adopt Resolution No. 64,440–N.S. amending Sections 25E, and 25N of Resolution No. 56,508-N.S. by adding subsections to extend Residential Preferential Permit Parking on various streets.
Vote:  All Ayes

Action Calendar – Old Business (2)

26. Allocation of Funds for Community Agencies for FY2010 and Submission of the Fifth Year Annual Action Plan (Continued from April 21, 2009) (PDF)
Supplemental Report (PDF)
From: City Manager
Recommendation: Adopt two Resolutions:

Resolution A

1.   Approving proposals for funding under the FY2010 Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and Home Investment Partnerships (HOME) Program Community Housing Development Organization (CHDO) operating programs, with the exception of Biotech Partners, Inc. which will be voted on in a separate Resolution; and

2.   Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds with conditional two-year contracts for all projects in the Public Services category and one-year contracts for other projects; and

3.            Allocating 85% of the FY2010 HOME funds to the Housing Trust Fund, 10% for HOME program administration, and 5% for CHDO Operating programs; and

4.            Authorizing the City Manager to submit the Fifth Year Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and

5.      Authorizing additional meetings of the Homeless and Human Welfare and Community Action Commissions for 2010.

Resolution B

1.            Approving funding for Biotech Partners, Inc. under the FY2010 Community Development Block Grant (CDBG) Program; and

2.      Authorizing the City Manager to execute any resultant agreements and amendments with Biotech Partners, Inc., with a conditional two-year contract.

Financial Implications: See report

Contact: Jane Micallef, Housing, 981-5400

Action: Moved to Consent Calendar.  Adopted Resolution No. 64,441–N.S. (Resolution A):

1.   Approving proposals for funding under the FY2010 Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and Home Investment Partnerships (HOME) Program Community Housing Development Organization (CHDO) operating programs, with the exception of Biotech Partners, Inc. which will be voted on in a separate Resolution; and

2.   Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds with conditional two-year contracts for all projects in the Public Services category and one-year contracts for other projects; and

3.            Allocating 85% of the FY2010 HOME funds to the Housing Trust Fund, 10% for HOME program administration, and 5% for CHDO Operating programs; and

4.            Authorizing the City Manager to submit the Fifth Year Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and

5.            Authorizing additional meetings of the Homeless and Human Welfare and Community Action Commissions for 2010

Vote: All Ayes

and

Action: Moved to Consent Calendar. Adopted Resolution No. 64,442–N.S. (Resolution B):

1.      Approving funding for Biotech Partners, Inc. under the FY2010 Community Development Block Grant (CDBG) Program; and

2.      Authorizing the City Manager to execute any resultant agreements and amendments with Biotech Partners, Inc., with a conditional two-year contract.

Vote: Ayes: Maio, Moore, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates.  Abstain: Anderson.

27.  Proposed Sweatshop Free Ordinance (Continued from April 21, 2009)

a. From: Councilmembers Worthington, Moore, Anderson and Arreguin (PDF) - (Continued to June 2, 2009)
Recommendation:
Adopt the Sweatshop-Free procurement ordinance for the City of Berkeley
Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170

b. From Commission on Labor (PDF)
Recommendation:  At the Commission on Labor special meeting on February 18, 2009, the Commission adopted the following recommendation:  To accept the Sweatshop Free Procurement Ordinance language with amendments as discussed.
Financial Implications: The Commission on Labor has not determined the fiscal impacts of a Sweatshop-Free Procurement Ordinance.
Contact: Delfina Geiken, Commission Secretary, 981-7551

c. From City Manager (PDF)
Recommendation:   Direct staff to analyze and revise the proposed Sweatshop Free ORdinance passed by the Commission on Labor and bring back to City Council a revised Ordinance that does not result in additional costs, no later than September 29, 2009 for consideration.
Financial Implications:  See report
Contact:  Robert Hicks, Finance, 981-7300

Action: Continued to June 2, 2009.

Action Calendar – New Business

28. Ordinance Regulating Excavations in the Public Right of Way for Video and Telecommunications Systems (PDF)
From: City Manager
Recommendation: Adopt the first reading of an ordinance repealing BMC Chapters 16.10, 16.11 and 9.56, and adopting a new Chapter 16.10, "Regulating Excavations in the Public Right of Way for Video and Telecommunications Systems."
Financial Implications: See report
Contact: Claudette Ford, Public Works, 981-6300
Action:  Moved to Consent Calendar.  Adopted first reading of Ordinance No.7,083–N.S.  Second reading scheduled for May 19, 2009.

29. Community Choice Aggregation (PDF)
From: Energy Commission
Recommendation: Refer to the Agenda Committee to schedule a worksession on Community Choice Aggregation (CCA) for the fall of 2009, at which time the Energy Commission will deliver a report.  Additionally, the Commission recommends that the  $70,000 set aside for CCA be reserved for that purpose.
Financial Implications:
See report
Contact: Neal De Snoo, Secretary, Berkeley Energy Commission, 981-7400
Action: M/S/C (Arreguin/Maio) to approve the Energy Commission’s recommendation to refer to the Agenda Committee to schedule a worksession on Community Choice Aggregation (CCA) for the fall of 2009, at which time the Energy Commission will deliver a report Additionally, the Commission recommends that the  $70,000 set aside for CCA be reserved for that purpose.
Vote: Ayes: Maio, Moore, Anderson, Arreguin, Worthington.  Noes: Capitelli, Wengraf, Bates.

30. West Berkeley Bowl (920 Heinz Avenue) – Certify ZAB Action For Review (PDF) 
From: City Manager
Recommendation: Request that the City Council:

1.      Certify the Zoning Adjustments Board’s (ZAB) action regarding Use Permit Modification #09-70000007, for the West Berkeley Bowl project, for review by the Council,

2.      Add this item on the Council’s agenda for the May 19, 2009 Council meeting.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: Moved to Consent Calendar. Approved the City Manager’s recommendation to: Certify the Zoning Adjustments Board’s (ZAB) action regarding Use Permit Modification #09-70000007, for the West Berkeley Bowl project, for review by the Council and add this item on the Council’s agenda for the May 19, 2009 Council meeting.

Information Reports

31. Settlement of Prentice, et al. v. City of Berkeley, et al.; ACSC No. RG 133031 and Consolidated Actions (PDF)
From: City Manager
Contact: Zach Cowan, City Attorney's Office, 981-6950
Action:  Received and filed.

32. Investment Report: Quarter Ended March 31, 2009 (PDF)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
Action:  Received and filed.

33. Unrepresented Temporary Employee (PDF)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action:  Received and filed.

34. ***Removed by City Manager***Status Update:  Implementation of FUND$ Change Management Audit Recommendations
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6500

35. Status Update: Implementation of Information Systems General Controls Audit Recommendations (PDF)
From: City Manager
Contact: Donna LaSala, Information Technology, 981-6500
Action:  Received and filed.

Public Comment – Including Items Not Listed on the Agenda – 0

Adjournment – 11:00 p.m

Communications (PDF)

Item 23: Climate Action Plan
1.      Deborah Hecht
2.      Kathie Zatkin Item 25: Extend Residential Permit Parking Program on Various Streets
3.      Melinda Coots-Miyazaki
4.      Sean Brien
5.      Christina Tworek
6.      Sarah Anderson
7.      David Davenport
8.      Emily Castelli
9.      Mederick Ravel

Proposed Ferry Terminal
10. James McVaney
11. Edward Moore

Underground Utilities
12. Pam Webster

Housing Appeal/Complaint
13. Jose Duarte

Minimum Wage
14. Denis Drew

Foie Gras
15. Christian-David Reynoso

Air Monitoring/Bay Area Quality Management District
16. Janice Schroeder
17. Nicole Drake, on behalf of Linda Maio
18. Christopher Kroll

Supplemental Communications and Reports 1 (PDF)

Item 21: Support SB 810 California Universal Health Care Act of 2009
19.  The League of Women Voters, Berkeley/Albany/Emeryville

Item 22: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds To The Berkeley Student Cooperative
20.  Jan Stokley

Item 23: Climate Action Plan

Supplemental materials, submitted by Planning and Development (see agenda item)

21.  Helen Burke (2)
22.  Martha Nicoloff
23.  Henry Siegel
24.  Shirley Dean
25.  Toni Mester
26.  Vonnie Gurgin
27.  Barbara Gilbert (2)
28.  Patrick Finley
29.  Carl Friberg
30.  Jennifer Pearson
31.  Witt Monts
32.  Gordon Wozniak, District 8
33.  David Wilson
34.  Don Holm

Item 24: ZAB Appeal: 1200 Ashby Avenue
35.  Michael Larrick
36.  Toni Mester (2)
37.  Steven Wollmer
38.  Helen Jones and Alan Bretz

Item 26: Allocation of Funds for Community Agencies for FY2010 and Submission of the Fifth Year Annual Action Plan

  • Supplemental materials, submitted by Housing (see agenda item)

Item 27: Proposed Sweatshop Free Ordinance
39.  Gordon Wozniak, District 8

Supplemental Communications and Reports 2 (PDF)

Item 23: Climate Action Plan

Presentation, submitted by Planning and Development (see agenda item)

40.  Kriss Worthington, District 7
41.  Jesse Arreguin, District 4
42.  Barry Luboviski
43.  Merrilie Mitchell
44.  Karl Reeh
45.  Carrie Olson, on behalf of the Berkeley Architectural Heritage Association
46.  Barbara Frick
47.  Kate Nichol
48.  Gale Garcia
49.  Austene Hall
50.  Michael Katz
51.  Unknown

Item 24: ZAB Appeal: 1200 Ashby Avenue
52.  CityCentric Investments
53.  Greenbelt Alliance